VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00641
Package ID: USCOURTS-cofc-1_13-vv-00641
Petitioner: Etta Newman
Filed: 2013-09-04
Decided: 2014-07-16
Vaccine: influenza
Vaccination date: 2011-09-07
Condition: pain and loss of function in her right arm and shoulder
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Etta Newman filed a petition on September 4, 2013, alleging that an influenza vaccine administered on September 7, 2011, caused her to suffer pain and loss of function in her right arm and shoulder. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report recommending that the petitioner be found entitled to compensation. On December 3, 2013, Special Master Thomas L. Gowen issued a Ruling Finding Entitlement, consistent with the respondent's concession. Subsequently, on May 12, 2014, the respondent filed a Proffer on Award of Compensation, stating that the petitioner agreed with the proffered award. Special Master Gowen adopted this proffer as the decision of the Court on May 13, 2014. Petitioner Etta Newman was awarded a lump sum payment of $100,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This award was to be paid by check to the petitioner. The decision noted that the respondent would oppose any award for future pain and suffering should the petitioner die prior to entry of judgment, and both parties reserved the right to move the Court for appropriate relief in such an event. Later, on June 23, 2014, the parties filed a Stipulation of Facts Concerning Final Attorneys’ Fees and Costs. Special Master Gowen issued a decision on July 16, 2014, approving the parties' stipulation for attorney's fees and costs. Petitioner was awarded $17,500.00 in attorney's fees and costs, to be paid by check jointly to Etta Newman and her counsel, J. Michael Ranson of Ranson Law Offices, PLLC. Petitioner's counsel represented that the petitioner had not incurred any personal litigation costs. The decision stated that in the absence of a motion for review, the clerk of the court would enter judgment in accordance with the terms of the parties' stipulation.

Theory of causation field:
Etta Newman alleged that an influenza vaccine administered on September 7, 2011, caused pain and loss of function in her right arm and shoulder, consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, leading to a Ruling on Entitlement on December 3, 2013. Special Master Thomas L. Gowen adopted a proffer on award of compensation on May 13, 2014, awarding petitioner a lump sum of $100,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Petitioner was also awarded $17,500.00 in attorney's fees and costs, jointly payable to petitioner and her counsel, J. Michael Ranson of Ranson Law Offices, PLLC, as per a stipulation approved on July 16, 2014. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, treatments, or the precise mechanism of injury beyond the SIRVA category.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00641-0
Date issued/filed: 2014-06-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 5/13/2014) regarding 28 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00641-UNJ Document 32 Filed 06/03/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-641V
May 13, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
ETTA NEWMAN, *
* Special Master Gowen
Petitioner, *
* Proffer; Influenza (Flu) Vaccine;
v. * Shoulder Injury Related to Vaccination
* (SIRVA)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
J. Michael Ranson, Ranson Law Offices, Charleston, WV, for petitioner.
Tara Kilfoyle, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 4, 2013, Etta Newman filed a petition for compensation under the
National Vaccine Injury Compensation Program (“the Program”)2 alleging that as a
result of an influenza vaccine administered to her on September 7, 2011, she suffered
pain and loss of function in her right arm and shoulder. Petition at ¶¶ 3, 15, 21. The
previous special master assigned to this case determined that petitioner is entitled to
compensation. Ruling on Entitlement, filed December 3, 2013, at 2.
1 Because this decision contains a reasoned explanation for the undersigned’s action in
this case, the undersigned intends to post this ruling on the website of the United States
Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No.
107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note
(2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to
request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that
includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986,
42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:13-vv-00641-UNJ Document 32 Filed 06/03/14 Page 2 of 4
On May 12, 2014, respondent filed a Proffer on Award of Compensation
(“Proffer”), attached hereto as Appendix A. In the Proffer, respondent represents that
petitioner agrees with the proffered award. Based on the record as a whole, the
undersigned finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner:
A lump sum payment of $100,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint
filing of notice renouncing the right to seek review.

CCaassee 11::1133--vvvv--0000664411--UUNNJJ DDooccuummeenntt 2372 FFiilleedd 0056//1023//1144 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ETTA NEWMAN, )
)
Petitioner, )
) No. 13-641V
v. ) Special Master Thomas Gowen
) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 3, 2013, respondent filed her Rule 4(c) Report, in which she recommended
that the Court find petitioner entitled to compensation. The Special Master issued a Ruling
Finding Entitlement on December 3, 2013, consistent with the concession made in respondent’s
Rule 4(c) Report. Respondent now proffers that petitioner receive an award of a lump sum of
$100,000.00 in the form of a check payable to petitioner.1 This amount represents compensation
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
This proffer does not address final attorneys’ fees and litigation costs. Petitioner is additionally
entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later date upon
petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $100,000.00.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
pain and suffering, and the parties reserve the right to move the Court for appropriate relief.

CCaassee 11::1133--vvvv--0000664411--UUNNJJ DDooccuummeenntt 2372 FFiilleedd 0056//1023//1144 PPaaggee 24 ooff 24
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/Tara J. Kilfoyle
TARA J. KILFOYLE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 514-9729
DATE: May 12, 2014
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00641-1
Date issued/filed: 2014-07-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/24/2014) regarding 35 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00641-UNJ Document 38 Filed 07/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 13-641
Filed: June 24, 2014
* * * * * * * * * * * * * *
ETTA NEWMAN * UNPUBLISHED
*
Petitioner, *
* Special Master Gowen
v. *
*
SECRETARY OF HEALTH * Attorney’s Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to
* Which Respondent Does Not Object.
Respondent. *
*
* * * * * * * * * * * * *
J. Michael Ranson, Ranson Law Offices, PLLC, Charleston, WV, for petitioner.
Tara Kilfoyle, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On September 4, 2013, Etta Newman (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). The
petition alleges that as a result of an influenza vaccine administered to her on September 7, 2011,
petitioner suffered pain and loss of function in her right arm and shoulder. Petition at 1, 3, 4. On
December 3, 2013, a ruling on entitlement was entered based on respondent’s concession.
On June 23, 2014, the parties filed a Stipulation of Facts Concerning Final Attorneys’
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00641-UNJ Document 38 Filed 07/16/14 Page 2 of 2
Fees and Costs. According to the stipulation, the parties stipulate to an award to petitioner of
attorney’s fees and costs in the amount of $17,500.00. In accordance with General Order #9,
petitioner’s counsel represents that petitioner has not incurred any personal litigation costs in
pursuit of this claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorney’s fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to J. Michael Ranson, of the
Ranson Law Offices, PLLC, in the amount of $17,500.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2